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Bench: Sh. N. K. Saini & Sh. Anikesh Banerjee
138 CTR (SC) 214] 4.4 In view of the above discussion, decisions of the various High Courts as discussed supra, the explanation and the intention of the legislature set out through the Memorandum to the Finance Act, 2021, it is evident that the employee’s contribution was never intended to be covered by Section 43B. This has been reiterated